October 01, 2016
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The Florida Statutes

The 2001 Florida Statutes

Title XVI
Education
Chapter 233
Courses Of Study And Instructional Aids
View Entire Chapter
Section 233.058, Florida Statutes 2001

233.058  English language instruction for limited English proficient students.--

(1)  Instruction in the English language shall be provided to limited English proficient students. Such instruction shall be designed to develop the student's mastery of the four language skills, including listening, speaking, reading, and writing, as rapidly as possible. Limited English proficient students who are eligible for other categorical or special programs, such as Chapter I and exceptional student education, shall also participate in such services in accordance with the requirements of the respective program.

(2)(a)  "Limited English proficient" or "limited English proficiency," when used with reference to an individual, means:

1.a.  An individual who was not born in the United States and whose native language is a language other than English;

b.  An individual who comes from a home environment where a language other than English is spoken in the home; or

c.  An individual who is an American Indian or Alaskan native and who comes from an environment where a language other than English has had a significant impact on his or her level of English language proficiency; and

2.  Who, by reason thereof, has sufficient difficulty speaking, reading, writing, or listening to the English language to deny such individual the opportunity to learn successfully in classrooms where the language of instruction is English.

(b)  "Home language" or "native language," when used with reference to an individual of limited English proficiency, means the language normally used by such individual or, in the case of a student, the language normally used by the parents of the student.

(c)  "ESOL" means English for Speakers of Other Languages and:

1.  When modifying instruction, the strategy used to teach limited English proficient students; or

2.  When modifying program, the program funded in the Florida Education Finance Program, listed under students-at-risk programs in s. 236.081.

(3)  Each school district shall implement the following procedures:

(a)  Develop and submit a district plan for providing English language instruction for limited English proficient students to the Department of Education for review and approval.

(b)  Identify limited English proficient students through assessment.

(c)  Provide for student exit from and reclassification into the program.

(d)  Provide limited English proficient students ESOL instruction in English and ESOL instruction or home language instruction in the basic subject areas of mathematics, science, social studies, and computer literacy.

(e)  Maintain a student plan.

(f)  Provide qualified teachers.

(g)  Provide equal access to other programs for eligible limited English proficient students based on need.

(h)  Provide for parental involvement in the program.

(4)  A school district shall be eligible to report full-time equivalent student membership in the ESOL program in the Florida Education Finance Program provided the following conditions are met:

(a)  The school district has a plan approved by the Department of Education.

(b)  The eligible student is identified and assessed as limited English proficient based on assessment criteria.

(c)1.  An eligible student may be reported for funding in the ESOL program for a base period of 3 years. However, a student whose English competency does not meet the criteria for proficiency after 3 years in the ESOL program may be reported for a fourth, fifth, and sixth year of funding, provided his or her limited English proficiency is assessed and properly documented prior to his or her enrollment in each additional year beyond the 3-year base period.

2.  If a student exits the program and is later reclassified as limited English proficient, the student may be reported in the ESOL program for funding for an additional year, or extended annually for a period not to exceed a total of 6 years pursuant to this paragraph, based on an annual evaluation of the student's status.

(d)  An eligible student may be reported for funding in the ESOL program for membership in ESOL instruction in English and ESOL instruction or home language instruction in the basic subject areas of mathematics, science, social studies, and computer literacy.

(5)  Each district's program for limited English proficient students shall be evaluated and monitored periodically.

(6)  The Commissioner of Education shall adopt rules for the purpose of implementing this section.

History.--s. 2, ch. 84-336; s. 41, ch. 90-288; s. 1283, ch. 95-147; s. 125, ch. 97-190.

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